About
Mark previously practised at the Bar in South Wales for many years (and where he still retains a home base) before transferring his practice to London. Mark enjoys a broad commercial and chancery practice with a particular specialisation in insolvency work, both personal and corporate. Mark has regularly been instructed for insolvency practitioners and individuals alike in the field of insolvency including the recovery of directors’ loans, preferences, transactions at an undervalue and fraudulent/wrongful trading. He has acted for high profile individuals subject to director disqualification proceedings and applications for bankruptcy restriction orders and all other aspects of insolvency work. In addition, Mark’s general commercial practice includes banking and finance, sale of goods, contract and consumer disputes including and includes reported cases in these fields.
Mark also has extensive experience in partnership related disputes and has acted in high profile partnership disputes including disputes involving solicitors and other professionals.
Mark’s general chancery experience encompasses real property, landlord and tenant, trusts and probate disputes including many appearances before the First-tier Tribunal (Property Chamber) the High Court and in the County Courts.
Mark was recognised in the directories for a number of years as a leading junior in commercial law and insolvency on the Wales & Chester Circuit. Mark has appeared at all levels from the county court to the Court of Appeal and was highly respected by the judiciary in South Wales. Mark is also a CEDR-accredited mediator and regularly undertakes the role of mediator in commercial litigation.
Commercial
Mark has a heavy commercial practice involving commercial contractual claims, consumer cases, sale of goods and other commercial claims and has dealt with many construction cases involving JCT contracts and other forms of construction contract.
Insolvency
Mark was recognized for many years in the Legal 500 as a leading junior in the field of insolvency before transferring his practice to London. Mark has acted for insolvency practitioners and individuals/companies alike including:
- Company director disqualification proceedings including acting for high profile individuals in the entertainment and leisure sectors.
- All forms of insolvency proceedings including preferences, TUVs, transactions defrauding creditors, winding up and bankruptcy petitions
- Unfair prejudice petitions
- Receivership, administration and liquidation proceedings
Mark regularly appears in the High Court and county courts in insolvency matters and has regularly provides seminars and lectures on insolvency law and related topics to solicitors and other professionals in the field.
Landlord and Tenant
Mark advises and represents landlords and tenants in commercial and residential disputes.
Mediation and ADR
Mark is a CEDR-accredited mediator and has successfully mediated many disputes in particular in his specialist areas of insolvency, commercial litigation and property disputes. His approach is firm yet approachable and enjoys a very good success rate in settling disputes.
Professional Negligence
Mark has experience of the following types of professional negligence cases:
- Cases for and against solicitors in his practice areas including specialist areas such as insolvency and property
- Actions for and against accountants
- Actions for and against other professionals e.g. construction professionals
- Representing professionals at disciplinary hearings
Real Property
Mark has extensive experience in real property cases including boundary disputes, easements, Party Wall Act cases, beneficial interests and TOLATA cases. Mark has regularly appeared in the High and County Court together with the First-tier Tribunal (Property Chamber).
Notable Cases
- L & N D Development and Design Ltd [2020] EWHC 2803 (Ch)
- Health & Case Management Ltd v The Physiotherapy Network Ltd [2018] EWHC 1165 (QB)
- Perma-Soil UK Ltd v Williams & Anor [2016] EWHC 1087 (QB) (10 May 2016)
- RTA (Business Consultants) Limited v Bracewell [2015] EWHC 630 [2015] Lloyds Rep. F.C. 357
- Willowtech Ltd v Neath Port Talbot County Borough Council [2010] UKUT 44 (LC
- Faraday v Carmarthenshire CC [2004] EWCA 649
- Evans & Anor v Clarke (t/a FBI Volkswagon Services) & NIG Insurance plc [2007] Lloyds Rep IR 16
- Gulliksen v Pembrokeshire County Council [2002] 3 W.L.R. 1072
Commercial
Mark has a heavy commercial practice involving commercial contractual claims, consumer cases, sale of goods and other commercial claims and has dealt with many construction cases involving JCT contracts and other forms of construction contract.
Professional Memberships
- Chancery Bar Association
- COMBAR
- Wales Commercial Law Association
BSB & VAT Information
Registered Name: Mark Andrew Spackman
VAT Number: 541095559